Lalani c. Gestion MBSSPEC inc. 2014 QCCQ 9131 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-130247-119 DATE: August 12, 2014 ______________________________________________________________________ BY THE HONOURABLE JEFFREY EDWARDS, J.C.Q. ______________________________________________________________________ MUNIRA LALANI -and- ALNOOR LALANI Plaintiffs v. GESTION MBSSPEC INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiffs claim $4,909.04 as a refund of a deposit paid under a contract of renovation for wood floors with Defendant. The work required under the contract was not done. Defendant, through its representatives, agreed to refund that amount. But Defendant’s representatives, in particular Mr.

Elie Zakkoun, did not follow through with their various undertakings and commitments to Plaintiffs in that regard. [ 2 ] Defendant did not appear at the hearing despite being duly notified thereof by several notices, including one sent to the personal residence of the president of the Defendant, and therefore no valid contestation was offered by Defendant. [ 3 ] Based upon the evidence, including the testimony of both Plaintiffs at the hearing and the exhibits filed in support of their allegations, the Court decides that Plaintiffs have established their monetary claim as well founded in fact and in law.

FOR THESE REASONS, THE COURT: GRANTS Plaintiffs’ Motion; CONDEMNS Gestion MBSSPEC inc. to pay Munira Lalani and Alnoor Lalani the amount of $4,909.04 with legal interest of 5% per year and the special indemnity provided at

Article 1619 of the Civil Code of Quebec commencing from the date of the demand letter, Exhibit P-1, namely August 15, 2011; WITH JUDICIAL COSTS of $129 in favour of Plaintiffs. __________________________________ Jeffrey Edwards, J.C.Q.

Date of hearing: August 11, 2014